Find a TenderAwarded without competition
Published 23 Jan 2023, 10:02 GMT

Official UK procurement notice

CP1629-18 North Devon Link Road

Official notice

Authority: Devon County Council (Local council)

WorksAward procedure without prior publication of a call for competition
Awarded value£50,858,323published contract · exc. VAT
Awarded 21 Dec 2022no call for competition
Awarded to ALUN GRIFFITHS (CONTRACTORS) LIMITED

What is being bought

Published requirement description

Devon County Council entered into a contract for the design and build of a road scheme on the A361 North Devon Link Road (“the Contract”). The scheme extends between Portmore Roundabout (outskirts of Barnstaple) and Filleigh Cutting (approximately 3 miles north of South Molton), also incorporating Hacche Lane and Borner’s Bridge junctions.

The opportunity was advertised under OJEU Notice reference 2019/S 086-204985 and the contract entered into on 30/11/2020. Further details of the original contract are set out in that OJEU Notice.

The Contract has been modified as described in section VI.3 below.

CPV: Construction work

The lotProcurement structure

single lot · no lot value published
Lot #1Awarded
Delivery: South West

Procedure terms & legal framework

From the official record · publisher note attached
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Works
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Yes (GPA)
Recurring procurement
Unspecified in notice
First published
23 Jan 2023, 10:02 GMT
Last source update
23 Jan 2023, 10:02 GMT
Authority reference
DN370137
FTS notice number
2023/S 000-001956
Classification (CPV)
Construction work
Delivery area
South West (UKK43)
Official registry OCID
ocds-h6vhtk-039998 Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

The Council considers that these modifications to the Contract are permitted by Regulation 72(1)(c) of the Public Contracts Regulations 2015 (as amended) (“PCR”). Tenders (including prices) were submitted in November 2020. Since then, inflation has increased dramatically, caused in part by the war in Ukraine whose extent and duration was unforeseeable. In relation to many aspects of the works, inflation has hit 25%. This analysis is supported by data from the Building Cost Information Service and the forecasts of the Bank of England’s Monetary Policy Committee. The extent of these inflationary rises could not have been foreseen. In response to them the Council has agreed to a relatively modest reduction in the scope of the works (as detailed above) which will result in savings to the contractor of around £4.7M. The Council has also agreed to a 13% overall increase in the price paid to the contractor. Increases have been agreed in relation to some of the activities set out in the contractor’s Activity Schedule. The increases have been limited to evidenced increases in the cost of works caused by inflation, agreed on an open book basis. These modifications do not alter the overall nature of the Contract, and the increase in price is well below 50% of the original contract value (Regulation 72(1)(c)(ii) and (iii) of the PCR).

The Council also considers that these modifications to the Contract are permitted by Regulation 72(1)(e) of the PCR. They do not render the Contract materially different from the one initially concluded. The reduction in scope is relatively modest in the context of the works as a whole. Because the increase in price is limited to addressing the increase in the cost of works caused by inflation, it would not have resulted in a different outcome to the original procurement. Furthermore, because the increase in price is limited to addressing increased cost, it does not affect the economic balance of the Contract. The scope of the Contract has not been extended. For these reasons, the modification is not substantial within the meaning of Regulation 72(8) of the PCR.

Review and risk notes
Review procedure

In accordance with Part 3 of the Public Contracts Regulations 2015 (as amended).

Publisher note: By a Deed of Variation entered into on 21 December 2022 the Contract has been modified to extend the Completion Dates for: - Landkey Junction from 30 September 2021 to 31 March 2022; and - Remainder of Works, Landscape and Ecological Works, and Average Speed Camera from 22 December 2023 to 31 March 2024. The Deed of Variation also provides for an increase in the agreed total of the prices from the activity schedule from £40,802,126 to £46,158,323 (an increase of £5,356,197, or 13%). The scope of the works has also been amended as follows: - Removal of approx. 1.5km overtaking section between Portmore and Landkey junctions; - Removal of the requirement to improve the Bishop Tawton roundabout (including creation of a subway) and replace with signalised junction with a toucan crossing facility; and - Removal of the requirement to replace permanent fencing on site. The Council estimates that the above amendments to the scope of works will result in savings to the contractor of approx. £4.7M.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £50,858,3231 contract exc. VAT
Bids received 1
Contracts signed 1latest 21 Dec 2022
Awarded toValueDateStatus
ALUN GRIFFITHS (CONTRACTORS) LIMITED£50,858,323 †—Awarded

Contracts

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids · 1 electronic0——

Contracting authority & participating public bodies

Devon County Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services County Hall, Topsham Road, Exeter, South West, EX2 4QDContact name, email, phone

Dispute resolution & review bodies

  • The High Court of JusticeReview body London

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.